Albert Chulah Wamimitaire v Hakika Transport Services Limited [2017] KEELC 3188 (KLR)
- Court
- Environment & Land Court
- Case number
- 3188
- Citation
- [2017] KEELC 3188 (KLR)
- Decided
- 20 April 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and decree issued by the Court of AppealCoramA. OMOLLO
Holding
The application for stay of execution is granted, and the defendant is ordered to deposit the decretal sum of Kshs 2,770,000 together with the taxed costs in an interest earning account opened in the joint names of the Respondent & Applicant’s advocate.
Facts
The defendant sought a stay of execution of the judgment and decree issued by the Court of Appeal, claiming it was ready to give appropriate security for the sums due under the decree.
Issues
- Whether the defendant has established sufficient cause to grant a stay of execution
- Whether the court has satisfied itself that substantial loss would ensue from refusing the stay
- Whether the defendant has furnished security
Reasoning
The court found that the defendant has demonstrated that it may suffer substantial loss if the orders are not granted, and that the defendant has a valid notice of appeal and is ready to furnish security.
Outcome
The application for stay of execution is granted.
Orders
- Ordering the defendant to deposit the decretal sum of Kshs 2,770,000 together with the taxed costs in an interest earning account opened in the joint names of the Respondent & Applicant’s advocate
Remedies
- Stay of execution pending hearing and determination of the appeal
Authorities cited
Legislation (1)
- Order 42 of the Civil Procedure Rules
Cases cited (1)
- Halal & Another vs Thornton & Turpin (1963) Ltd (1990) KLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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